Josh Taylor

BA, LLB, Partner

Josh is a Partner in the Firm’s national Dispute Resolution Team. He frequently appears in the Court of Appeal, High Court, District Court, and several other specialist statutory or disciplinary tribunals.
 
Josh is experienced in all areas of disputes, handles complex and high value matters, and has particular expertise in construction, property, and insolvency disputes. He acts for developers, head contractors, consultants, and subcontractors on disputed matters that arise both during and following the course of construction; including issues relating to delay, extensions of time and liquidated damages, retentions and performance bonds, variations, and defective works or design. Josh also provides advice on the negotiation and drafting of construction contracts.
 
Josh also regularly handles disputes relating to companies and shareholders, commercial contracts, property rights, negligence, construction contracts, insolvency and director’s duties, alcohol licencing, and contentious trusts and estates.
 
Josh is a member of the Society for Construction Law and the Restructuring Insolvency and Turnaround Association of New Zealand. He was recognised as a Rising Star in the NZ Lawyer Rising Stars List 2020.
 
Outside of work Josh volunteers at Community Law and as a member of the Judicial Committee for the Canterbury Rugby Football Union.

"I enjoy advocating for my clients to make sure they get the best result."

Recent Projects

  • Successfully obtaining a without notice injunction for a subcontractor to prevent the call on a performance bond in VAE NZ Limited v Decmil Construction NZ Limited (in liquidation) & Anor [2020] NZHC 2025.

  • Acting for a group of creditors owed $1.7m in retentions over issues about whether funds were held on trust for them and who should be appointed to administer the distribution of retentions.

  • Acting for the liquidators of Stonewood Homes Limited against the former directors in proceedings relating to breach of directors' duties.

  • Regularly acting for clients and builders in disputes relating to quality of work or non-payment.

  • Acting for a large South Island developer in complex litigation over subterranean rock anchors preventing full development of the land.

  • Acting for a head contractor defending a claim for weathertight issues relating to a large residential apartment complex.

  • Successfully acting for a contractor in an adjudication against a developer including recovering the costs of the adjudication and having the land owner deemed liable for the debt in addition to the developer.

  • Acting for an international engineering company in a dispute over preliminary design and a subsequent tender process for a large food processing plant in the South Island.

  • Acting for a subcontractor in a payment claim dispute worth over $1m on a large anchor project in Christchurch.

  • Acting on several claims for damage arising from the Canterbury earthquakes for insurers and private clients.

  • Acting on several adjudication disputes.

  • Acting for an international mechanical engineering company in a contractual dispute relating to the design of a food processing plant.

  • Acting for a large Christchurch contractor in defence of a claim alleging weathertight issues and defective work.

  • Acting for a South Island developer in relation to the presence of underground rock anchors preventing development of the land.

  • Successfully acting for a contractor in an adjudication dispute over allegedly defective work including determinations that the respondent paid costs (both legal and adjudicators) and that the owner of the construction site, a separate entity, was also liable.

  • Acting for a minority shareholder in a claim against a director and majority shareholder for prejudicial conduct and breach of a shareholders agreement.

  • Appearing as junior counsel in the Court of Appeal in an appeal against a decision of the District Court to grant and stay of 16 criminal charges in R v Craddock [2016] NZCA 318.

  • Appearing as junior counsel for policy holders in a claim against their insurers for indemnification for liability arising from a rural fire in New Zealand Fire Service Commission v Legg [2016] NZHC 1492.

  • Acting for a local rugby player through disciplinary proceedings in the Canterbury Rugby Football Union's Judicial and Appeal Committees.

Recent Articles

2/06/2021

Building defects and limitation update – good news for building owners and councils, bad news for designers

Councils are often pursued in building defect claims, but following a recent High Court decision, can they now seek contribution from other involved parties, even after 10 years?

Keep reading...



15/10/2020

Retentions in the construction industry – more problems and a possible fix?

The NBR has recently published two articles on two cases currently before the courts (Decmil NZ and Downey Construction) relating to the retention regime under the Construction Contracts Act 2002 (Act).

Keep reading...



22/10/2019

A digital future for statutory demands?

The 21st century has brought with it some fascinating developments, smartphones, social media, and service of statutory demands by email? The judgment of Lester AJ in the High Court decision of Upright Scaffolding Ltd v Pinnies Painters & Plasterers Ltd seems to have settled the decades old question of whether service of a statutory demand by email is possible under the Companies Act 1993.

Keep reading...



23/11/2018

Ebert's retention fund clarified

The recent receivership and subsequent liquidation of Ebert Construction Limited (Ebert) has been well publicised with significant public interest about another large construction firm in financial trouble.

Keep reading...



13/11/2018

Construction update: payment claims for deposits – are they allowed?

The parties to a construction contract will commonly come to an arrangement where the principal will need to make a payment to the contractor before any work is undertaken. That is, the principal must pay a deposit or security. The same is also true as between contractor and subcontractor.

Keep reading...



27/08/2018

Receiverships: who, what and why

The recent enforced receivership of national construction firm Ebert Construction has thrust receiverships back into the spotlight. With some 95 staff laid off and creditors owed around $40 million, the consequences of a high-profile company being forced into a receivership are apparent. Nonetheless, many people involved in the construction industry, and the general public, may have little knowledge of what a receivership entails.

Keep reading...


Reported Decisions

  • KME Services Pty Limited v CPB Contractors Pty Limited [2021] NZHC 212

  • Cain v Mettrick [2020] NZHC 2125

  • Brown v Johnston [2020] NZHC 881

  • VAE NZ Limited v Decmil Construction NZ Limited (in liquidation) & Anor [2020] NZHC 2025

  • Rodgers v R [2018] NZHC 2433

  • City Financial Investment Company (New Zealand) Limited v Transpower New Zealand Limited [2018] NZHC 1488

  • Canterbury Regional Council v King House Removals Southland Limited [2018] NZHC 873

  • Canterbury Regional Council v King House Removals Southland Limited [2018] NZHC 2433

  • Flanaghan v Helmore Bowron & Scott [2018] NZHC 2302

  • Financial Markets Authority v Vivier and Company Ltd [2016] 3 NZLR 70, (2016) 11 NZCLC 98-041, (2016) 14 TCLR 375

  • New Zealand Fire Service Commission v Legg [2016] 3 NZLR 685

Speaking Engagements

  • “Spoke at the Building and Construction Regulation and Law Conference on a panel risk management and liability in construction contracts ” - October 2019
Share this page on social media:



Enter security code:
 Security code

Top

Wynn Williams Client Toolkit


This page is best viewed in an up-to-date web browser with stylesheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so. The latest version of Firefox, Safari or Google Chrome will work best if you're after a new browser.